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SCHLEGER v. TREIBER GROUP LLC

303 A.D.2d 335 (2003)

757 N.Y.S.2d 271

RANDY SCHLEGER, Respondent, v. TREIBER GROUP LLC et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 27, 2003.

The trial court erred in holding that the alleged oral contract is not subject to the statute of frauds (General Obligations Law § 5-701 [a] [1]; see Apostolos v R.D.T. Brokerage Corp., 159 A.D.2d 62, 64-65 [1990]). Nevertheless, we affirm, because defendant's January 31, 1997 letter to plaintiff reasonably implies all the material terms of the alleged oral agreement (see Whitehorn Assoc. v One Ten Brokerage, ...

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